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APRIL 2010 VOLUME II, ISSUE 2 PoorPoor house,house, poorpoor farmfarm Idaho’sIdaho’s poorhousepoorhouse LawsLaws the U.S. as the county poorhouse system was well established in first session of the Idaho Territorial Uç à{x Ätàx DLà{ vxÇàâÜç y of caring for the poor to its county a means of caring for society’s indigents. The very nt, cost effective ways to provide relief to Legislature in 1863 assigned the legal responsibilit of the bad habits that were thought to have commissioners. Poorhouses were planned to be efficie special authority for poor farms, the first the poor, as well as an opportunity to reform them led them to poverty. Four Idaho counties were givensed an act requiring Ada County to purchase a of which was Shoshone County. e of the poor in Ada County: In 1883, the Idaho Territorial Legislature pas he Poor-farm poor farm of 80 to 160 acres to provide for the car se. The said farm when so purchased shall be known as t of Ada County and the house thereon as the Poor-hou The 160-acre Ada County Poor Farm was established in a rural area in what is now northwest Boise, north of State Street. Poor farm occupants originally worked there to repay Calendar their debt to society. ILHS History Display As time passed poorhouses became May 24, 2010 primarily nursing homes Open House: Chambers of Idaho County’s poor farm. for impoverished elderly Judge Randy N. Smith, S people. OVER THE HILL TO THE POOR-HOU E Over the hill to the poor-house I'm trudgin' my weary way--- Pocatello, Idaho For example, the I, a woman of seventy, and only a trifle gray--- Twin Falls County poor July 15, 2010 I, who am smart an' chipper, for all the years I've told, farm, that operated from As many another woman that's only half as old. Idaho State Bar Annual Meeting the 1930s to 1968, was Over the hill to the poor-house---I can't quite make it clear! Idaho Falls, Idaho home to mostly elderly Over the hill to the poor-house---it seems so horrid queer! men without families, Many a step I've taken, a-toilin' to and fro, July 16, 2010 many of whom were But this is a sort of journey I never thought to go. U.S. Federal Courthouse bedridden. —Will Carleton 1897 Pocatello, Idaho Because its residents were mostly unable In this issue: to work, the county hired workers put up fruit, raise Poor House, Poor Farm 1 chickens, milk cows, cattle 3 and swine, grow vegetables Angry Lawyer Shoots and grain, and generally Judge Morford 3 provide for up to 100 Noggle’s residents. Controversies (Continued on page 4) 4 20th Century Profiles: Fred Lyon 5 Bonner County’s poor house. Senator Dubois & Idaho’s Test Oath IDAHO LEGAL HISTORY SOCIETY PAGE 2 ILHS Oral History A Message from the Past President Committee I am pleased to present the Idaho Legal History Society’s To participate in the Oral fourth issue of its quarterly newsletter (previous issues can be History Project as an viewed on the ILHS website at www.id.uscourts.gov/ilhs ). interviewer, narrator or Although I “officially” stepped down as President of the ILHS transcriber, please contact any in January, I am writing to give you a few important updates. of these committee members: First, please welcome our new President, Scott Reed, Vice-President, Judge Ron Wilper and (returning) Ernie Hoidal, Chair: Secretary/Treasurer, Susie Boring-Headlee. I am confident [email protected] that they will continue the many good activities that ILHS has Cameron Burke: begun, and will work to expand our many efforts and [email protected] offerings. Dianne Cromwell: ILHS Past President Second, I am very excited to report that the ILHS has Deb Kristensen [email protected] decided to undertake an ambitious project to collect the Teri Harbacheck: history of the practice of law in Idaho beginning in territorial times. To that end, we’ve [email protected] contracted with the editor of this newsletter, Claudia Druss, to research and draft a “coffee Kathy Hodges: table” book chronicling the 150-year history of the practice of law in Idaho. The working [email protected] title of this project is Tents to Towers: 150 Years of Legal Practice in Idaho . I have been working Katherine Moriarty: closely with Claudia to identify existing resources, and long-time ILHS member Judy Austin [email protected] has agreed to help edit this project as we move forward. As you can imagine, the book Scott Reed: project is not only an ambitious endeavor, but a potentially expensive one. Accordingly, [email protected] your generous donations to this project are always welcome (and tax-deductible)! Jess Walters: Third, over the past few years, the Oral History Committee of ILHS (currently chaired [email protected] by Ernie Hoidal) has successfully completed oral histories of some of Idaho’s most notable Ron Wilper: (and colorful) lawyers and judges. Many of these transcripts are now available to the public [email protected] at the Idaho State Historical Society’s library, while others are privately held pursuant to the Rita Ryan: [email protected] wishes of the subject. To help facilitate the dissemination of these oral histories, ILHS is currently inventorying its collection with the hope of posting such information on our website. In that way, members of the public can share in the wealth of information Idaho Legal Idaho Legal collected from these extraordinary individuals. History Society Finally, if you haven’t already done so, please consider renewing your annual membership to ILHS. For a modest fee of $25, you can be a part of an organization that is BOARD OF DIRECTORS truly working to save the past. Given our limited budget, much of our efforts come from a Judy Austin dedicated group of volunteers – but some costs and fees are unavoidable. Your membership Hon. Ronald E. Bush dollars help support the many good efforts currently underway and will help us grow the Ron Kerl ILHS to provide the public with access to even more valuable historical materials and Scott Reed information. For more information, please check our website. Larry Westberg OFFICERS ILHS MISSION STATEMENT Scott Reed, President (1) To foster and promote public knowledge of, and interest in, Idaho's legal history; Ron Wilper, Vice President Susie Headlee, Secretary/ (2) To promote and encourage research of Idaho's legal history; Treasurer (3) To collect and preserve records, relics, oral histories and other things of interest to Idaho's legal history, and to make the same accessible for public examination; This newsletter published (4) To encourage interest in Idaho's legal history through meetings, presentations, lectures and other quarterly by: public forums; and Idaho Legal History Society (5) To procure or publish and distribute historical material for educational purposes, the proceeds of 550 West Fort Street which, if any, are to be used exclusively for the express purposes of the Association. Boise, Idaho 83724 IDAHO LEGAL HISTORY SOCIETY PAGE 3 Lawyer Shoots Judge Morford Over a Woman \Ç à{x ÜÉâz{ tÇw àâÅuÄx wtçá of the and to other locations, sometimes alone. At some point Burmester learned that late 1860s, Idaho’s prominent lawyers and judges were just about as likely to be Morford’s wife was leaving him and seeking a involved in shootouts to settle disputes as divorce. She asked Burmester to handle the any other citizens. divorce for her. Although Morford initially stayed with Burmester during the separation Take the case of prominent Boise attorney Theodore Burmester, for whom from his wife, he later grew angry that the year 1869 was one of tragedy and loss. Burmester had caused the situation. Along with his legal practice in Boise City, On the day of the shooting, Burmester and his partner Judge Scaniker were discussing a he owned a ranch out on the Overland stage road where his wife and children case and decided to seek the opinion of two other attorneys, Mr. Rosborough and Mr. lived. Hart’s Exchange in Boise where Burmester and Ganahl. On the way, they passed Morford on Tragedy struck the family in the spring Morford stayed. Elliott’s 1884 History of Idaho Territory. Main Street. Burmester confronted Morford, of 1869 in a story reported as far away as New York. A farm hand at the ranch attacked Burmester’s wife saying that Morford “made a face” at him. Both fired shots and Minnie while Burmester was away. In the ensuing struggle, she Morford was killed. was shot in the abdomen while the man proceeded to set fire to This was not the first time Burmester was quick with a gun. At the Idaho Democratic convention in 1866, he reportedly fired point blank the Burmester house. Minnie managed to crawl out of the burning house. Her son at a prominent legislator and newspaper editor, H.C. Street, to settle was rescued by a neighbor; while others carried her to a nearby a dispute. Street was saved from death by a wallet in his breast pocket. farm and sent for medical help. Minnie died of her wounds several Burmester’s trial for murder was replete with witness descriptions of the times he and Mrs. Morford had been seen together. More than days later. The house had burned completely and the farmhand’s remains were later found in the ruins. 60 witnesses were called in all. After the loss of his wife and home, Burmester moved to a In a scandalous verdict, Burmester was acquitted of all charges after Boise hotel, Hart’s Exchange, but continued to visit the ranch the jury deliberated about 30 minutes.
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